ABSTRACT

The issue of reservations has been dealt with in several contexts. Such questions have arisen in relation to article 5(2)(a) and article 3 of the O.P. Whether a reservation is compatible with the Object' and 'purpose' of the treaty is an issue on which other States Parties can express a view by raising an objection to the reservation. The effect of an objection is that it modifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation. The Committee declares that the absence of any prohibition on reservations does not mean that any reservation is permitted. Reservations under the I.C.C.P.R. and the O.P. are governed by the rules of international law. The Committee criticises that the provisions of the Vienna Convention on the role of State objections in relation to reservations are inappropriate to address the issue of reservations to human rights treaties.